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(영문) 수원지방법원 2019.08.23 2019노921
병역법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) shall not be deemed that the defendant has justifiable grounds as provided in Article 88(1) of the Military Service Act;

Nevertheless, the lower court erred by misapprehending the facts.

2. The lower court rendered a not-guilty verdict on the instant facts charged on the ground that the Defendant had “justifiable cause” under Article 88(1) of the Military Service Act.

In light of the following circumstances revealed through the evidence duly adopted and examined by the court below and the court below, namely, ① the defendant participates in various religious assemblies and volunteer activities conducted by the members of D religious organizations from the time when he was cut to the time, ② the defendant did not have any past record of criminal punishment and did not seem to have violent inclinations opposed to religious belief during his entrance at elementary, middle and high schools, the judgment of the court below is just, and the evidence added to the court below (the result of the response to the order to submit documents to various Internet games companies) does not seem to have probative value to the extent that it can be reversed. Thus, the court below did not err by misapprehending the facts alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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